Recently, a Public Interest Litigation (PIL) has been submitted to the Supreme Court requests judicial intervention to direct the Union of India, along with States and Union Territories, to enforce the implementation of Front-of-Package Warning Labels (FOPL) on packaged foods.

“That it is very prominent to consider that the Front of Package Labelling serves as a powerful tool in empowering consumers to make informed choices about their diet and reducing the adverse impact of commercial interests of big corporates. It enables citizens to easily identify and understand the nutritional content and harmful ingredients present in packaged food and beverages, thereby making healthier choices. While the FSSAI has already recognized the significance of FOPL, it is crucial to expedite regulations that mandate the usage of warning labels in prominent positions on packaging”, the petition reads.

A bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra issued a notice last week in the PIL, which is returnable in four weeks. The petition is scheduled to be heard on August 27, 2024.

The PIL, filed by the organization "3S and Our Health Society" through Advocate Rajiv Shankar Dvivedi, emphasizes the urgent need for interpretive labels on packaged foods that clearly display levels of sugars, salt, and saturated fat. The petition argues that such labels will enable consumers to make more informed dietary choices, potentially reduce the prevalence of diabetes and other non-communicable diseases (NCDs), and address public health concerns related to obesity, hypertension, and cardiovascular conditions.

“That these warning labels would effectively indicate the excessive presence of added sugars, sodium, unhealthy fats, and other harmful substances. By prominently displaying this vital information, it becomes easier for consumers to identify unhealthy food items and make healthier dietary decisions. Furthermore, warning labels act as a deterrent for excessive consumption and contribute towards raising public awareness about the adverse health consequences associated with consuming such products”

Further, the Petitioner highlights the alarming rise in diabetes and other non-communicable diseases (NCDs) in India, noting that nearly 58 lakh people die from NCDs each year out of approximately 90 lakh total deaths.

Additionally, the petition references the International Council of Medical Research – India Diabetes (ICMR-INDIAB) study, which, as of June 2023, reported that India has approximately 10.1 crore people with diabetes, 13.6 crore with prediabetes, 31.5 crore with hypertension, and 25.4 crore with generalized obesity.

The petition also cites the Comprehensive National Nutrition Survey (CNNS) 2016, which found that over half of the children surveyed showed signs of metabolic obesity, irrespective of their weight or height. Additionally, it notes that the Indian Ministry of Health and Family Welfare has recognized unhealthy diets as a significant risk factor for NCDs, which are expected to contribute to a rising number of global deaths.

The petition details the consumption of ultra-processed foods (UPFs) in India, referencing data from a 2020 study commissioned by the Food Safety and Standards Authority of India (FSSAI).

The petition highlights a recent article that noted Nestlé adds sugar to infant milk sold in poorer nations but not in Europe and the UK. To address unhealthy dietary practices, frameworks typically involve restrictions on advertising and consumer alerts through labeling. The petition cites three globally recognized policies to reduce junk food consumption, including clear Front-of-Package Labeling (FOPL) that indicates levels of sugars, salt, or saturated fats.

According to the petition, the petitioner previously wrote to the Ministry of Health and Family Welfare requesting expedited action on this issue but has not yet received a response.

Case no. – Writ Petition (Civil) No.437/2024

Case Title – 3S and Our Health Society v. Union of India & Ors.